Extends to whole of India except the state of J&K.
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India
1. INDIAN PENAL CODE,
1860
Prof. Dr. Mukund Sarda
Dean & Principal
Bharati Vidyapeeth Deemed University
New Law College, Pune
2. Introduction
Prof. Salmond defined law as
“ The body of principles recognized and applied by
the State in the administration of justice”.
Law consists of rules recognized and acted on by the
courts of justice.
Law is the means where as justice is the end.
Law is an instrument of social progress and social
control
It is a “social engineering” to make a balance between
individual wants and social interest.
Prof. Dr. Mukund Sarda
3. Oxford Dictionary defines law as
“The body of rules, whether proceeding from formal
Act or from custom, which a particular State or
community recognizes as binding upon its members”.
Law pre-supposes a State which has the sanction to
enforce the law. Without a State, law has no meaning.
Mostly, Law is obeyed as a matter of habit.
Prof. Dr. Mukund Sarda
4. The highest law in India is the Constitution of India.
No other law is above it.
If any law has a provision against the Constitution, it
is ultra vires and not binding.
Prof. Dr. Mukund Sarda
5. Kinds Of Law
1. SUBSTANTIVE LAW
Defines the offences like theft, robbery, dacoity,
hurt, murder etc.
Mostly contained in the Indian Penal Code,1860
and other special Acts like the Railways Act,
Prevention of Corruption Act etc.
Prof. Dr. Mukund Sarda
6. 2. PROCEDURAL LAW
Lays down the procedure as to
i. how an offender shall be arrested and by whom
ii. how an investigation will be made
iii. how the bail will be allowed
iv. what are the various courts and how they shall
try an offender
v. codified in the
Criminal Procedure Code,1973
Code of Civil Procedure,1976, and
Indian Evidence Act, 1872.
Prof. Dr. Mukund Sarda
7. Indian Penal Code, 1860
Extends to whole of India except the state of J&K.
Every person shall be liable to punishment under this
Code and not otherwise for every act or omission
contrary to the provisions thereof, of which he shall be
guilty within India
Even a foreigner who enters the Indian territory also
submits himself to the operation of Indian laws and he
cannot be allowed to plead in defence that he did not
know that he was doing wrong, as the act was not an
offence in his own country.
It is a cardinal principle of criminal law that all persons
should be treated equal in the eyes of law.
Prof. Dr. Mukund Sarda
8. Exceptions
According to provisions of Art.361 of the Constitution of
India.
High dignitaries of the State i.e the President of India and
the Governors of the States.
Not answerable to any court for the exercise and
performance and duties of his office or for any act done
or purporting to be done by him in the exercise and
performance of those powers
No criminal proceedings whatsoever shall be instituted
in any court during the term of his office.
No process for arrest or imprisonment shall be issued
from any court during the terms of his office.
Prof. Dr. Mukund Sarda
9. No civil proceedings in which the relief is claimed against
the President or the Governor shall be instituted during his
term of office in any court in respect of any act or
purporting to be done by him in his personal capacity.
Foreign Sovereign
Diplomats
Ambassadors and certain members of diplomatic staff also
enjoy immunity from the jurisdiction of the courts of the
country.
Alien enemy
Cannot be tried by the criminal courts of the country in
respect of their acts of war. They shall be dealt with under
martial law.
Prof. Dr. Mukund Sarda
10. Foreign army
If a foreign army, by consent of the Indian
Government, is stationed on Indian soil, it is
exempt from the jurisdiction of the state and
consequently from the jurisdiction of the criminal
courts.
Warships
Foreign naval forces on board of warships of their
country in territorial waters of India are not
subject to the jurisdiction of the criminal courts of
the country.
Prof. Dr. Mukund Sarda
11. Table Of Contents
Chapter I – Introduction (Sec. 1 to 5)
Chapter II – General Explanations ( Sec.6 to 52-A)
Chapter III – Punishments ( Sec.53 to 75)
Chapter IV – General Exceptions (Sec.76 to 106)
Chapter V– Of Abetment (Sec. 107 to 120)
Prof. Dr. Mukund Sarda
12. Chapter V-A – Criminal Conspiracy (Sec.120A &
B)
Chapter VI – Of Offences against the State
(Sec.121 to 130)
Chapter VII – Of offences relating to the Army,
Navy and Air Force (Sec.131 to 140)
Table Of Contents
Prof. Dr. Mukund Sarda
13. Chapter VIII – Of offences against the public
tranquility (Sec.141 to 160)
Chapter IX – Of offences by or relating to public
servants (Sec. 161 to 171)
Chapter IX-A – Of offences relating to elections
(Sec. 171-A to 171-I)
Table Of Contents
Prof. Dr. Mukund Sarda
14. Chapter X – Of contempts of the lawful authority
of public servant (Sec.172 to 190)
Chapter XI – Of false evidence and offences
against public justice (Sec.191 to 229)
Chapter XII – Of offences relating to coin and
government stamps (Sec.230 to 263-A)
Chapter XIII – Of offences relating to weighs and
measures (Sec.264 to 267)
Table Of Contents
Prof. Dr. Mukund Sarda
15. Chapter XIV – Of offences affecting the public
health, safety, convenience, decency and morals
(Sec. 268 to 294-A)
Chapter XV – Of offences relating to religion (Sec.
295 to 298)
Chapter XVI – Of offences affecting the human
body (Sec. 299 to 377)
Table Of Contents
Prof. Dr. Mukund Sarda
16. Chapter XVII – Of offences against property (Sec.
378 to 462)
Chapter XVIII - Of offences relating to documents
and to property marks (Sec. 463 to 489-E)
Chapter XIX – Of the criminal breach of contracts
of service (Sec. 490 to 492)
Table Of Contents
Prof. Dr. Mukund Sarda
17. Chapter XX – Of offences relating to marriage (Sec.
493 to 498)
Chapter XX-A – Of cruelty by husband or relatives
of husband (Sec.498-A)
Chapter XXI – Of definition (Sec.499 to 502)
Chapter XXII – Of criminal intimidation, insult and
annoyance (Sec. 503 to 510)
Table Of Contents
Prof. Dr. Mukund Sarda
18. Chapter XXIII – Of attempts to commit offences
(Sec. 511)
Prof. Dr. Mukund Sarda
19. Chapter Ix
Of Offences By Or Relating To Public
Servants
Section 161 To Section 165 A Have Been Omitted By
Prevention Of Corruption Act,1988
Prof. Dr. Mukund Sarda
21. Section 76
Act done by a person bound, or by mistake
of fact believing himself bound, by law
by reason of a mistake of fact
not by reason of a mistake of law
in good faith
believes himself to be, bound by law to do it.
Prof. Dr. Mukund Sarda
22. Section 77
Act Of Judge When Acting Judicially
nothing is an offence which is done
by a Judge
acting judicially
in the exercise of any power
in good faith he believes to be, given to him by law
Prof. Dr. Mukund Sarda
23. Section 78
Act Done Pursuant To The Judgment Or
Order Of Court
warranted by the judgment or order of, a Court
of Justice
remains in force
in good faith believes that the Court had such
jurisdiction
Prof. Dr. Mukund Sarda
24. Section 79
Act Done By A Person Justified Or By
Mistake Of Fact Believing Himself
justified, by law
Prof. Dr. Mukund Sarda
25. Section 80
Accident In Doing A Lawful Act
done by accident or misfortune
without any criminal intention or knowledge
doing of a lawful act
in a lawful manner
lawful means
proper care and caution
Prof. Dr. Mukund Sarda
26. Section 81
Act likely to cause harm, but done without
criminal intent, and to prevent other harm
done with the knowledge that it is likely to cause
harm
done without any criminal intention to cause harm
in good faith
for the purpose of preventing or avoiding other
harm
harm to person or property
Prof. Dr. Mukund Sarda
27. Section 82
Act Of A Child Under Seven Years Of Age
Nothing is an offence which is done by a
child under seven years of age.
Prof. Dr. Mukund Sarda
28. Section 83
Act Of A Child Above Seven And Under Twelve
Of Immature Understanding
a child above seven years of age and under twelve,
not attained sufficient maturity of understanding to
judge
Prof. Dr. Mukund Sarda